Federal Register: July 20, 2005 (Volume 70, Number 138)
DOCID: FR Doc 05-14213
DEPARTMENT OF DEFENSE
Army Department
CFR Citation: 32 CFR Part 631
RIN ID: RIN 0702-AA50
NOTICE: PROPOSED RULES
DOCUMENT ACTION: Proposed rule; Request for comments.
SUBJECT CATEGORY:
Armed Forces Disciplinary Control Boards and Off-Installation Liaison and Operations
DATES: Comments submitted to the address below on or before September 19, 2005 will be considered.
DOCUMENT SUMMARY:
The Department of the Army proposes to revise its part concerning armed forces disciplinary control boards and off installation liaison and operations. The part prescribes uniform policies and procedures for the establishment, and operation of Armed Forces Disciplinary Control Boards, and offinstallation liaison and operations.
SUMMARY:
Armed forces disciplinary control boards and off-installation liaison and operations; policy revision,
SUPPLEMENTAL INFORMATION
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A. Background
This rule has previously been published. The Administrative Procedure Act, as amended by the Freedom of Information Act requires that certain policies and procedures and other information concerning the Department of the Army be published in the Federal Register. The policies and procedures covered by this part fall into that category. B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory Flexibility Act does not apply because the proposed rule does not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601612. C. Unfunded Mandates Reform Act
The Department of the Army has determined that the Unfunded Mandates Reform Act does not apply because the proposed rule does not include a mandate that may result in estimated costs to State, local or tribal governments in the aggregate, or the private sector, of $100 million or more.
D. National Environmental Policy Act
The Department of the Army has determined that the National Environmental Policy Act does not apply because the proposed rule does not have an adverse impact on the environment.
E. Paperwork Reduction Act
The Department of the Army has determined that the Paperwork
Reduction Act does not apply because the proposed rule does not involve collection of information from the public.
F. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights)
The Department of the Army has determined that Executive Order 12630 does not apply because the proposed rule does not impair private property rights.
G. Executive Order 12866 (Regulatory Planning and Review)
The Department of the Army has determined that according to the
criteria defined in Executive Order 12866 this proposed rule is not a
significant regulatory action. As such, the proposed rule is not
subject to Office of Management and Budget review under section 6(a)(3) of the Executive Order.
H. Executive Order 13045 (Protection of Children From Environmental Health Risk and Safety Risks)
The Department of the Army has determined that according to the criteria defined in Executive Order 13045 this proposed rule not apply. I. Executive Order 13132 (Federalism)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13132 this proposed rule does not
apply because it will not have a substantial effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels of government.
Jeffery B. Porter,
Chief, Law Enforcement Policy and Oversight Section.
List of Subjects in 32 CFR Part 631
Alcohol, Business, Discrimination, Health, Investigations, Law enforcement, Military Personnel, Privacy, Safety, Uniform Code of Military Justice.
For reasons stated in the preamble the Department of the Army
proposes to revise part 631 to Subchapter I of Title 32 to read as follows:
PART 631ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF
INSTALLATION LIAISON AND OPERATIONS
Subpart AGeneral
Sec.
631.1 Purpose.
631.2 Applicability.
631.3 Supervision.
631.4 Exceptions.
Subpart BArmed Forces Disciplinary Control Boards
631.5 General.
631.6 Responsibilities.
631.7 Composition of boards.
631.8 Participation by civil agencies.
631.9 Duties and functions of boards.
631.10 Administration.
631.11 Offlimits establishments and areas.
Subpart COffInstallation Operations (Military Patrols and
Investigative Activities) and Policy
631.12 Objectives.
631.13 Applicability.
631.14 Policy (for Army only).
631.15 Policy (for Air Force only).
631.16 Policy (for Navy only).
631.17 Policy (for Marine Corps only).
631.18 Operations.
Appendix A to Part 631Armed Forces Disciplinary Control Board Procedures Guide
Authority: 10 U.S.C. 3012(b)(1)(g).
Subpart AGeneral
Sec. 631.1 Purpose.
This part prescribes uniform policies and procedures for the establishment, and operation of the following:
(a) Armed Forces Disciplinary Control Boards (AFDCB).
(b) Offinstallation liaison and operations.
Sec. 631.2 Applicability.
This part applies to the following:
(a) Active U.S. Armed Forces personnel of the Army, Air Force,
Navy, and Marine Corps, and the Coast Guard wherever they are stationed.
(b) U.S. Armed Forces Reserve personnel only when they are
performing Federal duties or engaging in activities directly related to performing a Federal duty or function.
(c) National Guard personnel only when called or ordered to active
duty in a Federal status within the meaning of Title 10, United States Code.
Sec. 631.3 Supervision.
The following will develop and have staff supervision over AFDCB
and offinstallation enforcement policies. (1) The Office of the
Provost Marshal General (OPMG), Headquarters, Department of the Army
(HQDA). This official serves as the proponent for this part, and has primary responsibility for its content.
(2) U.S. Air Force Director of Security Forces and Force Protection, Department of the Air Force.
(3) Director, Naval Criminal Investigative Service.
(4) Commandant of the Marine Corps.
(5) Commandant of the Coast Guard.
(6) Installation commanders are authorized to convene joint service boards within their AR 59 area of responsibility.
Sec. 631.4 Exceptions.
Requests for exceptions to policies contained in this part will be forwarded to HQDA (DAPMMPDLE), Washington, DC 203102800.
Subpart BArmed Forces Disciplinary Control Boards
Sec. 631.5 General.
AFDCBs may be established by installation, base, or station
commanders to advise and make recommendations to commanders on matters
concerning eliminating conditions, which adversely affect the health,
safety, welfare, morale, and discipline of the Armed Forces.
(a) For the Army, routine offlimits actions must be processed by an AFDCB following the procedures in Sec. 63111.
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(b) Coast Guard commanders must have written authorization from the Commandant (G'WP) prior to establishing an AFDCB.
Sec. 631.6 Responsibilities.
(a) Regional Directors of the Army Installation Management Agency,
Air Force commanders, Navy regional commanders, Marine Corps
commanders, and Coast Guard commanders will(1) Determine level and
degree of participation by subordinate commanders in joint Service boards, when appropriate.
(2) Resolve differences among subordinate commanders regarding
board areas of responsibility, and the designation of sponsoring commanders.
(3) Evaluate board recommendations, and actions from subordinate sponsoring commanders.
(4) Forward recommendations to HQDA, OPMG (DAPMMPDLE), WASH DC
203102800, regarding circumstances that require Service headquarters action or programs having widespread applicability.
(5) Ensure that subordinate commanders assess the availability of
drug abuse paraphernalia in the vicinity of Department of Defense (DOD)
installations through their AFDCBs, according to DOD Directive 1010.4.
Coast Guard commanders should refer to COMDTINST M1000.6 series,
chapter 20, for guidance on Coast Guard substance abuse policies.
(b) Military installation commanders for offinstallation
enforcement actions will(1) Conduct offinstallation operations as authorized by law and Service policy.
(2) Coordinate offinstallation operations with other Service
commanders, as applicable, for uniformity of effort, and economy of resources.
(3) Assist Federal, State, and local law enforcement agencies within the limits imposed by law and DOD policy.
(c) Sponsoring commanders will provide administrative support for
AFDCB programs to include the following(1) Promulgating implementing directives, and convening the board.
(2) Providing a recorder for the board.
(3) Providing copies of the minutes of board meetings to other
Service commanders who are represented on the board, and to other AFDCBs as appropriate.
(4) Approving or disapproving the minutes, and recommendations of
the board, and making appropriate distribution, as required.
(5) Publishing lists of ``offlimits'' establishments and areas.
(6) Ensuring that responsible individuals are notified of any
unfavorable actions being contemplated or taken regarding their establishments per Annex A.
(7) Distributing pertinent information to the following (i) All units within their jurisdictional area.
(ii) Units stationed in other areas whose personnel frequent their area of jurisdiction.
(8) Ensuring that procedures are established to inform all Service
personnel, including those who may be visiting or are in a travel
status, of offlimits restrictions in effect within the respective AFDCB's jurisdictional area.
Sec. 631.7 Composition of boards.
(a) Boards should be structured according to the needs of the
command, with consideration given to including representatives from the following functional areas
(1) Law enforcement.
(2) Legal counsel.
(3) Health.
(4) Environmental protection.
(5) Public affairs.
(6) Equal opportunity.
(7) Fire and safety.
(8) Chaplains' service.
(9) Alcohol and drug abuse.
(10) Personnel and community activities.
(11) Consumer affairs.
(b) Sponsoring commanders will designate a board president, and
determine by position which board members will be voting members. Such
designations will be included in a written agreement establishing the board.
Sec. 631.8 Participation by civil agencies.
(a) Civil agencies or individuals may be invited to board meetings
as observers, witnesses or to provide assistance where they possess
knowledge or information pertaining to problem areas within the board's jurisdiction.
(b) Announcements and summaries of board results may be provided to appropriate civil agencies.
Sec. 631.9 Duties and functions of boards.
The AFDCBs will
(a) Meet as prescribed by appendix A of this part.
(b) Receive reports, and take appropriate action on conditions in
their area of responsibility relating to any of the following (1) Disorders and lack of discipline.
(2) Prostitution.
(3) Sexually transmitted disease.
(4) Liquor violations.
(5) Racial and other discriminatory practices.
(6) Alcohol and drug abuse.
(7) Drug abuse paraphernalia.
(8) Criminal or illegal activities involving cults or hate groups. (9) Illicit gambling.
(10) Areas susceptible to terrorist activity.
(11) Unfair commercial or consumer practices.
(12) Other undesirable conditions deemed unsafe which may adversely
affect the health and well being of military personnel or their families.
(c) Report to all major commanders in the board's area of responsibility
(1) Conditions cited in paragraph (b) of this section.
(2) Recommended action as approved by the board's sponsoring commander.
(d) Coordinate with appropriate civil authorities on problems or
adverse conditions existing in the board's area of jurisdiction.
(e) Make recommendations to commanders in the board's area of
jurisdiction concerning offinstallation procedures to prevent or control undesirable conditions.
Sec. 631.10 Administration.
(a) Commanders are authorized to acquire, report, process, and
store information concerning persons and organizations, whether or not
affiliated with DOD, according to the applicable Service parts of the sponsoring commander, which
(1) Adversely affect the health, safety, morale, welfare, or discipline of service members regardless of status.
(2) Describes crime conducive conditions where there is a direct Service interest.
(b) Boards will function under the supervision of a president (Sec. 631.7(b)).
(c) Certain expenses incurred by Service members in the course of
an official board investigation or inspection may be reimbursable per
appropriate Service finance parts or instructions. Requests for
reimbursement will be submitted through the sponsoring commander.
(d) Records of board proceedings will be maintained as prescribed
by records management policies, and procedures of the sponsoring commander's Service.
Sec. 631.11 Offlimits establishments and areas.
(a) The establishment of offlimits areas is a function of Command.
It may be used by commanders to help maintain good order and
discipline, health, morale, safety, and welfare of service members. Offlimits action is also intended to prevent service
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members from being exposed to or victimized by crimeconducive
conditions. Where sufficient cause exists, commanders retain
substantial discretion to declare establishments or areas temporarily
offlimits to personnel of their respective commands in emergency
situations. Temporary offlimits restrictions issued by commanders in
an emergency situation will be acted upon by the AFDCB as a first
priority. As a matter of policy, a change in ownership, management, or
name of any offlimits establishment does not, in and of itself, revoke the offlimits restriction.
(b) Service members are prohibited from entering establishments or
areas declared offlimits according to this part. Violations may
subject the member to disciplinary action per applicable Service parts,
and the Uniform Code of Military Justice (UCMJ). Family members of
service members and others associated with the Service or installation
should be made aware of offlimits restrictions. As a general policy,
these establishments will not be visited by Service law enforcement
personnel unless specifically determined by the installation commander that visits or surveillance are warranted.
(c) Prior to initiating AFDCB action, installation commanders will
attempt to correct adverse conditions or situations through the assistance of civic leaders or officials.
(d) Prior to recommending an offlimits restriction, the AFDCB will
send a written notice (certified mailreturn receipt requested) to the
individual or firm responsible for the alleged condition or situation.
The AFDCB will specify in the notice a reasonable time for the
condition or situation to be corrected, along with the opportunity to
present any relevant information to the board. If subsequent
investigation reveals that the responsible person has failed to take
corrective action, the board will recommend the imposition of the off limits restriction.
(e) A specified time limit will not be established when an off
limits restriction is invoked. The adequacy of the corrective action
taken by the responsible individual will be the determining factor in removing an offlimits restriction.
(f) A person whose establishment or area has been declared off
limits may at any time petition the president of the board to remove
the offlimits restriction. The petition will be in writing and will
include a detailed report of action taken to eliminate the condition or
situation that caused imposition of the restriction. The president of
the AFDCB may direct an investigation to determine the status of
corrective actions noted in the petition. The board will either
recommend removal or continuation of the offlimits restriction to the
local sponsoring commander based on the results of the investigation.
(g) Offlimits procedures to be followed by the boards are in
Appendix A of this part. In the United States, offlimits signs will
not be posted on civilian establishments by U.S. military authorities.
(h) In areas Outside of the Continental United States (OCONUS),
offlimits and other AFDCB procedures must be consistent with existing Status of Forces Agreements (SOFAs).
Subpart COffInstallation Operations (Military Patrols and
Investigative Activities) and Policy
Sec. 631.12 Objectives.
The primary objectives of offinstallation operations are to
(a) Render assistance and provide information to Service members.
(b) Preserve the safety, and security of service members.
(c) Preserve good order and discipline among Service members and reduce offinstallation incidents and offenses.
(d) Maintain effective cooperation with civil authorities, and community leaders.
Sec. 631.13 Applicability.
This section is not applicable to the U.S. Coast Guard. Sec. 631.14 Army Policy.
(a) Soldiers, military and/or Department of the Army Civilian (DAC)
police performing offinstallation operations must be thoroughly
familiar with applicable agreements, constraints of the Posse Comitatus
Act (18 U.S.C. 1385) in the Continental United States (CONUS) and United Stateshost nation agreements in areas OCONUS.
(b) Military and/or DAC police assigned to offinstallation
operations have the sole purpose of enforcing parts, and orders pertaining to persons subject to their jurisdiction.
(c) Military and/or DAC police accompanying civilian law
enforcement officers remain directly responsible to, and under the
command of, U.S. Army superiors. Military and DAC police may come to
the aid of civilian law enforcement officers to prevent the commission
of a felony or injury to a civilian law enforcement officer.
(d) Regional Directors of the Army Installation Management Agency
(IMA), Commander, Army Materiel Command (AMC), and Commander, Army Test
and Evaluation Command (ATEC) may authorize subordinate commanders to
establish offinstallation operations within the limits imposed by
higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in CONUS, and United Stateshost nation agreements in OCONUS areas
(1) To assist Federal, State, and local law enforcement agencies. (2) In conjunction with military activities.
(3) To safeguard the health and welfare of Soldiers.
(4) When the type of offenses or the number of Soldiers frequenting an area is large enough to warrant such operations.
(e) The constraints on the authority of Soldiers and/or DAC police
to act offInstallation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS
and United Stateshost nation agreements in OCONUS areas) and the
specific scope of offinstallation operations will be clearly
delineated in all authorizations for offinstallation operations. Off
installation operations will be coordinated with the local installation
commander through the Staff Judge Advocate (SJA), or higher authority, and appropriate civilian law enforcement agencies.
Sec. 631.15 Air Force Policy.
(a) Airmen, military and/or Department of the Air Force Civilian
(DAFC) police performing offinstallation operations must be thoroughly
familiar with applicable agreements, constraints of the Posse Comitatus
Act (18 U.S.C. 1385) in CONUS and United Stateshost nation agreements in areas OCONUS.
(b) Military and/or DAFC police assigned to offinstallation
operations have the sole purpose of enforcing parts, and orders pertaining to persons subject to their jurisdiction.
(c) Military and/or DAFC police accompanying civilian law
enforcement officers remain directly responsible to, and under the
command of, U.S. Air Force superiors. Military and DAFC police may come
to the aid of civilian law enforcement officers to prevent the
commission of a felony or injury to a civilian law enforcement officer.
(d) Air Force commanders may authorize subordinate commanders to
establish offinstallation operations within the limits imposed by
higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in CONUS,
and United Stateshost nation agreements in OCONUS areas(1) To assist Federal, State, and local law enforcement agencies.
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(2) In conjunction with military activities.
(3) To safeguard the health and welfare of Airmen.
(4) When the type of offenses or the number of Airmen frequenting an area is large enough to warrant such operations.
(e) The constraints on the authority of Airmen and/or DAFC police
to act offinstallation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS
and United Stateshost nation agreements in OCONUS areas) and the
specific scope of offinstallation operations will be clearly
delineated in all authorizations for offinstallation operations. Off
installation operations will be coordinated with the local installation
commander through the Staff Judge Advocate (SJA), or higher authority, and appropriate civilian law enforcement agencies.
Sec. 631.16 Navy Policy.
The following policies apply to offinstallation operations
(a) Article 1630020, MILPERSMAN revised August 2002, and Navy
Parts, Article 0922 concerning the establishment and operation of a shore patrol.
(b) In accordance with SECNAV 1620.7A, Navy Absentee Collection
Units collect, and process apprehended absentees and deserters, escort
apprehended absentees, and deserters to their parent commands or to
designated processing activities, escort prisoners between confinement
facilities, and provide liaison with civilian law enforcement authorities.
(c) Navy personnel will be thoroughly familiar with all applicable
agreements and Implementing standard operating procedures, to include
the constraints of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS
and United Stateshost nation agreements in OCONUS areas, as applicable.
(d) Within CONUS. (1) Installation Commanders may request authority
from their Regional Commander, to establish offinstallation operations
(i) To assist Federal, State, and local law enforcement agencies
within the limits imposed by higher authority and the Posse Comitatus Act (18 U.S.C. 1385).
(ii) In conjunction with military operations.
(iii) To safeguard the health, and welfare of Naval personnel.
(iv) When the type of offenses or the number of service members
frequenting an area is large enough to warrant such operation.
(2) Constraints on the authority of military personnel to act off
installation (Posse Comitatus Act (18 U.S.C. 1385) and the specific
scope of the authority will be clearly delineated in all authorizations for offinstallation operations.
(e) Within OCONUS, offinstallation operations will be kept at the
minimum needed for mission accomplishment. Installation commanders may
authorize offinstallation operations as required by local conditions
and customs, as long as they are conducted in accordance with applicable treaties and SOFAs.
(f) Offinstallation operations will be coordinated with the local
installation commander through the JAG or higher authority, and local law enforcement authorities.
(g) Security personnel selected for offinstallation operations must
(1) Have mature judgment and law enforcement experience.
(2) Be thoroughly familiar with all applicable agreements and
implementing standard operating procedures, to include the constraints
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United States Host Nation agreements in OCONUS area, as applicable.
(h) Security personnel accompanying civilian police during off
installation operations do so only to enforce parts and orders
pertaining to persons subject to their jurisdiction. Security personnel
assigned offinstallation operations remain directly responsible to,
and under the command of their Navy superiors when accompanying
civilian police. Security personnel performing such duties may come to
the aid of civilian police in order to prevent the commission of a felony or injury to a civilian police officer.
(i) Civilian police and court liaison may be established with
concurrence of the Naval Criminal Investigative Service and is
encouraged particularly when the intent is to reduce mishaps. Sec. 631.17 Marine Corps Policy.
(a) Within CONUS. (1) Commanders may request authority from
Headquarters, Marine Corps (Code POS), to establish offinstallation operations
(i) To assist Federal, State, and local law enforcement agencies
within the limits imposed by higher authority and the Posse Comitatus Act (18 U.S.C. 1385).
(ii) In conjunction with military operations.
(iii) To safeguard the health, and welfare of Marines.
(iv) When the type of offenses or the number of service members
frequenting an area is large enough to warrant such operations.
(2) Constraints on the authority of military personnel to act off
installation (Posse Comitatus Act (18 U.S.C. 1385)) and the specific
scope of the authority will be clearly delineated in all authorizations for offinstallation operations.
(b) Within OCONUS, offinstallation operations will be kept at the
minimum needed for mission accomplishment. Installation commanders may
authorize offinstallation operations as required by local conditions
and customs, as long as they are conducted in accordance with applicable treaties and SOFAs.
(c) Offinstallation operations will be coordinated with the local
installation commander through the SJA, or higher authority, and local law enforcement authorities.
(d) Marines selected for offinstallation operations must
(i) Have mature judgment and law enforcement experience.
(ii) Be thoroughly familiar with all applicable agreements and
implementing standard operating procedures, to include the constraints
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United
Stateshost nation agreements in OCONUS areas, as applicable.
(e) Marines accompanying civilian police during offinstallation
operations do so only to enforce parts and orders pertaining to persons
subject to their jurisdiction. Marines assigned offinstallation
operations remain directly responsible to, and under the command of
their Marine superiors when accompanying civilian police. Marines
performing such duties may come to the aid of civilian police in order
to prevent the commission of a felony or injury to a civilian police officer.
(f) Procedures for absentee and deserter collection units to accept
an activeduty absentee or deserter from civilian authorities may be established.
(g) Civilian police and civil court liaison may be established. Sec. 631.18 Operations.
When an incident of substantial interest to the Service, involving
Service property or affiliated personnel, occurs offinstallation, the
Service law enforcement organization exercising area responsibility will
(a) Obtain copies of civilian law enforcement reports for
processing or forwarding according to applicable Service parts.
(b) Return apprehended persons to representatives of their Service as soon as practicable.
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APPENDIX A TO PART 631ARMED FORCES DISCIPLINARY CONTROL BOARD PROCEDURES GUIDE
A1. Purpose. This guide prescribes procedures for the
establishment, operation, and coordination of AFDCBs. AFDCB proceedings are not adversarial in nature.
A2. Meetings.
a. The board will meet quarterly. The commander establishing the AFDCB may specify whether the meetings will be open or closed. If not specified, the decision is at the discretion of the president of the board. Normally proceedings are closed, but may be opened to the public when circumstances warrant.
b. Special meetings may be called by the president of the board. Except by unanimous consent of members present, final action will be taken only on the business for which the meeting was called.
c. A majority of voting members constitutes a quorum for board proceedings.
A3. AFDCB composition. Voting members will be selected per section 631.7.
A4. Attendance of observers or witnesses.
a. The board may invite individual persons or organization
representatives as witnesses or observers if they are necessary or
appropriate for the conduct of board proceedings. The below listed
authorities may assist in addressing installation or command concerns or issues.
(1) Federal, State, and local judicial, legislative, and law enforcement officials.
(2) Housing part and enforcement authorities.
(3) Health, and social service authorities.
(4) Environmental protection authorities.
(5) Alcoholic beverage control authorities.
(6) Equal employment opportunity authorities.
(7) Consumer affairs advocates.
(8) Chamber of Commerce representatives.
(9) Public works or utility authorities.
(10) Local fire marshal, and public safety authorities.
(11) State and local school board or education officials.
(12) Any other representation deemed appropriate by the
sponsoring command such as, news media, union representatives, and so forth.
b. Invited witnesses and observers will be listed in the minutes of the meeting.
A5. Appropriate areas for board consideration.
a. Boards will study and take appropriate action on all reports of conditions considered detrimental to the good order and discipline, health, morale, welfare, safety, and morals of Armed Forces personnel. These adverse conditions include, but are not limited to, those identified in Sec. 631.9.
b. The board will immediately forward to the local commander
reported circumstances involving discrimination based on race, color, sex, religion, age, or national origin.
A6. Offlimit procedures.
a. Offlimits restrictions should be invoked only when there is substantive information indicating that an establishment or area frequented by Armed Forces personnel presents conditions, which adversely affect their health, safety, welfare, morale, or morals. It is essential that boards do not act arbitrarily. Actions must not be of a punitive nature. Boards should work in close cooperation with local officials and proprietors of business establishments, and seek to accomplish their mission through mutually cooperative efforts. Boards should encourage personal visits by local military, and civilian enforcement or health officials to establishments considered below standard. AFDCBs should point out unhealthy conditions or undesirable practices to establishment owners or operators to produce the desired corrective action.
b. In cases involving discrimination, the board should not rely solely on letters written by the Equal Opportunity Office, and Military Affairs Committee or investigations of alleged racial discrimination.
c. If the board decides to attempt to investigate or inspect an establishment, the president or a designee will prepare, and submit a report of findings, and recommendations at the next meeting. This procedure will ensure complete, and documented information concerning questionable adverse conditions.
d. When the board concludes that conditions adverse to Armed Forces personnel do exist, the owner or manager will be sent a letter of notification (Annex A). This letter will advise him or her to raise standards by a specified date, and, if such conditions or practices continue, offlimits proceedings will be initiated. Any correspondence with the individuals responsible for adverse conditions, which may lead to offlimits action, will be by certified mail.
e. If a proprietor takes remedial action to correct undesirable conditions previously noted, the board should send a letter of appreciation (Annex B) recognizing this cooperation.
f. If undesirable conditions are not corrected, the proprietor will be invited to appear before the AFDCB to explain why the establishment should not be placed offlimits (Annex C). Any proprietor may designate in writing a representative to appear before the board in his or her behalf.
g. In cases where proprietors have been invited to appear before
the board, the president of the board will perform the following (1) Prior to calling the proprietor
(a) Review the findings and decision of the previous meeting. (b) Call for inspection reports.
(c) Allow those present to ask questions and discuss the case.
(2) When the proprietor or his or her representative is called before the board
(a) Present the proprietor with a brief summary of the complaint concerning the establishment.
(b) Afford the proprietor an opportunity to present matters in defense.
(c) Invite those present to question the proprietor. After the
questioning period, provide the proprietor an opportunity to make a final statement before being dismissed.
(3) Deliberations on recommended actions will be in closed session, attended only by board members.
h. The board should recommend an offlimits restriction only after the following:
(1) The letter of notification (Annex A) has been sent.
(2) An opportunity for the proprietor to appear before the board has been extended.
(3) Further investigation indicates that improvements have not been made.
i. The minutes will indicate the AFDCB's action in each case. When a recommendation is made to place an establishment offlimits, the minutes will show the procedural steps followed in reaching the decision.
j. Recommendations of the AFDCB will be submitted to the sponsoring commander for consideration. The recommendations will then be forwarded to other installation commanders who are represented on the board (Annex D). If no objection to the recommendations is received within 10 days, the sponsoring commander will approve or disapprove the recommendations and forward the decision to the AFDCB president.
k. Upon approval of the AFDCB's recommendations, the president will write the proprietor that the offlimits restriction has been imposed (Annex E).
l. A time limit should not be specified when an offlimits restriction is revoked. The adequacy of the corrective action taken by the proprietor of the establishment must be the determining factor in removing the offlimits restriction.
m. Military authorities may not post offlimits signs or notices on private property.
n. In emergencies, commanders may temporarily declare establishments or areas offlimits to service members subject to their jurisdiction. The circumstances for the action will be reported as soon as possible to the commander sponsoring the board. Detailed justification for this emergency action will be provided to the board for its deliberations.
o. Appropriate installation commanders will publish a list of
offlimits establishments and areas using command and media channels.
A7. Removal of offlimits restrictions.
a. Removal of an offlimits restriction requires AFDCB action.
Proprietors of establishments declared offlimits should be advised
that they may appeal to the appropriate AFDCB at any time. In their
appeal they should submit the reason why the restriction should be
removed. A letter of notification for continuance of the offlimits
restriction should be sent to the proprietor if the AFDCB does not
remove the offlimits restriction (Annex F). The proprietor may appeal to the next higher commander if not satisfied with
continuance after exhausting all appeals at the local sponsoring
commander level. Boards should make at least quarterly inspections
of offlimits establishments. A statement that an inspection has been completed should be included in AFDCB minutes.
b. When the board learns that the proprietor has taken adequate
corrective measures, the AFDCB will take the following actions:
(1) Discuss the matter at the next meeting and make an appropriate recommendation.
(2) Forward a recommendation for removal of the offlimits
restriction to the sponsoring commander. If approved, a letter removing
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the restriction (Annexes G & H) will be sent to the proprietor. (3) The minutes will reflect action taken.
A8. Duties of the AFDCB president.
The president of the AFDCB will
a. Schedule and preside at all AFDCB meetings.
b. Provide an agenda to each voting member at least 72 hours prior to the meeting.
c. Ensure records, minutes, and correspondence are prepared, distributed, and maintained per Sec. 631.10(d).
A9. Commanders.
The installation commander, and commanders within an AFDCB's
area of responsibility must be thoroughly acquainted with the
mission and services provided by AFDCBs. AFDCB members should keep
their respective commanders informed of command responsibilities pertaining to AFDCB functions and actions.
A10. Public affairs.
a. Due to the sensitive nature of the subject matter, there will not be a media release in connection with AFDCB meetings. However, any AFDCB proceeding, which is open to the public, will also be open to representatives of the news media. Representatives of the news media will be considered observers, and will not participate in matters considered by the AFDCB. Members of the news media may be invited to participate in an advisory status in coordination with the public affairs office.
b. News media interviews and releases will be handled through the public affairs office according to applicable Service parts.
A11. Minutes.
a. Minutes will be prepared in accordance with administrative
formats for minutes of meetings prescribed by the Service of the
sponsoring commander (Annex I). The written minutes of AFDCB meetings will constitute the official record of the AFDCB
proceedings. Verbatim transcripts of board meetings are not
required. The reasons for approving or removing an offlimits
restriction, to include a complete address of the establishment or
area involved, should be indicated in the order of business. In
addition, the AFDCB's action will be shown in the order or sequence
of actions taken. A change in the name of an establishment or areas in an offlimits restriction will also be included.
b. Distribution of the minutes of AFDCB meetings will be limited to the following
(1) Each voting member, sponsoring command, and commands and installations represented by the board.
(2) Each civilian and military advisory member, if deemed appropriate.
(3) Civilian and Government agencies within the State in which
member installations are located having an interest in the functions of the board, if appropriate.
c. AFDCB minutes are subject to release and disclosure in accordance with applicable Service parts and directives.
d. Minutes and recommendations of the board will be forwarded to the sponsoring commander for approval.
Annex ALetter of Notification
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir: This letter is to inform you that it has come to the attention of the Armed Forces Disciplinary Control Board (AFDCB) that certain conditions reported at your establishment may adversely affect the (health, safety, or welfare) of members of the Armed Forces.
The AFDCB is initiating action to determine whether your establishment (area) should be placed offlimits to members of the Armed Forces if (cite conditions) are not corrected by (date).
A representative of the AFDCB will visit your establishment to
determine if steps have been taken to correct the conditions outlined above.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces, Disciplinary Control Board.
(Note: Use certified mail, return receipt requested if mailed.) Annex BLetter of Appreciation
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir: This is in reference to my letter of (date) concerning the conditions(s) reported at your establishment which adversely affected the health and welfare of members of the Armed Forces.
The Board appreciates your action(s) to correct the condition(s)
previously noted and does not contemplate further action with respect to this specific matter.
Your continued cooperation is solicited.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board.
Annex CLetter of Invitation
(Letterhead)
Proprietor
Dear Sir: This is in reference to my letter of (date) concerning the condition reported at your establishment which adversely affects the (health, safety, or welfare) of members of the Armed Forces. Information has been received by the board which indicates you have not taken adequate corrective action to eliminate the reported condition.
Reports presented to the Armed Forces Disciplinary Control Board (AFDCB) indicate (list and describe conditions).
You are advised that the AFDCB will initiate action to determine whether your establishment should be declared offlimits to members of the Armed Forces.
You may appear in person, with or without counsel, before the AFDCB at its next scheduled meeting on (date, time, and place). At that time you will have the opportunity to refute the allegation(s), or to inform the board of any remedial action(s) you have taken or contemplate taking to correct the condition. It is requested that you inform the President, of the AFDCB if you plan to attend.
Any questions regarding this matter may be addressed to the
President, Armed Forces Disciplinary Control Board, (address). Every effort will be made to clarify the matter for you.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces, Disciplinary Control Board.
(Note: Send certified mail, return receipt requested if mailed.) Annex DAFDCB OffLimits Approval Letter
(Letterhead)
Office Symbol
MEMORANDUM FOR (Commanders of Supported Installations)
FOR FURTHER INFORMATION CONTACT
James Crumley (703) 692-6721.